High Court of Punjab and HaryanaCRM-M/25949/2021allowed

Gurcharan Singh v. State Of Punjab

2021-07-13Mrs. Justice Manjari Nehru Kaul2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-25949-2021 Decided on : 13.07.2021 Gurcharan Singh . . . Petitioner(s)

Versus

State of Punjab . . . Respondent(s) CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL (Through Video Conferencing) PRESENT: Mr. Gurinder Singh Hayer, Advocate for the petitioner(s).

Mr. Luvinder Sofat, AAG, Punjab assisted by ASI Balraj Singh.

**** MANJARI NEHRU KAUL , J. (Oral) The instant petition has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in case FIR No. 38, dated 16.02.2021, under Sections 363, 366-A IPC (added later on Section 376 IPC and Section 6 of the POCSO Act), registered at Police Station Lambi, District Sri Muktsar SahibCivil Lines, District Patiala, Punjab. Learned counsel for the petitioner submits that the petitioner has been in custody since 22nd February, 2021. It has been submitted that it is a case of false implication, which stands substantiated from the fact that the prosecutrix did not attribute any role to him either in her statement recorded under Section 161 Cr.P.C. or in her statement recorded under Section 164 Cr.P.C.

Per contra, learned State counsel while opposing the prayer and submissions made by learned counsel for the petitioner, on instructions from ASI Balraj Singh, has apprised the Court that the charges are likely to be framed in the near future. He has, however, not been able to controvert JAWALA RAM 2021.07.13 17:22 I attest to the accuracy and integrity of this document

CRM-M-25949-2021 - 2 - the submissions made by learned counsel for the petitioner that prosecutrix has not uttered a single word against the petitioner in both her statements recorded under Sections 161 and 164 Cr.P.C., respectively. Heard.

In view of the submissions made by learned counsel for the parties and keeping in view the fact that the petitioner has been in custody since 22nd February, 2021, I deem it a fit case for grant of the concession of regular bail to the petitioner, as the trial is unlikely to conclude in the near future, more so, in the prevailing conditions due to the outbreak of COVID-19. The petition as such is allowed and the petitioner is admitted to bail to the satisfaction of trial Court/Duty Magistrate. However, it is made clear that anything observed hereinabove shall not be construed to be an expression of opinion on the merits of the case.

(MANJARI NEHRU KAUL) JUDGE July 13, 2021 J.Ram Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No JAWALA RAM 2021.07.13 17:22 I attest to the accuracy and integrity of this document